FISK v. CITY OF NEW YORK


256 A.D.2d 167 (1998)

682 N.Y.S.2d 164

DANA FISK, Respondent-Appellant, et al., Plaintiff, v. CITY OF NEW YORK et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 17, 1998.


The trial court correctly withheld from the jury the issue of plaintiff's culpable conduct since defendants' evidence was insufficient as a matter of law to raise an issue of fact in that regard (see, e.g., Galante v BMW Fin. Servs., 223 A.D.2d 421). Even if the jury credited defendant driver's testimony that he did not see hazard lights on plaintiff's truck prior to the collision, the driver's other testimony that plaintiff's truck...

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